Haryana

StateCommission

A/174/2016

HARIPAL BUDHWR - Complainant(s)

Versus

DLF HOME DEVELOPERS LTD. - Opp.Party(s)

N.K.MALHOTRA

02 May 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                          First Appeal No.    174 of 2016

Date of Institution:  25.02.2016

Date of Decision:    02.05.2016

 

 

Haripal Budhwar son of Sh. Harbilash, resident of House No.749/28, Bharat Colony, Rohtak.

Appellant-Complainant

 

 

Versus

 

1.      M/s DLF Home Developers Limited, DLF Centre, Sansad Marg, New Delhi through its General Manager.

 

2.      K.B. Estates, D96, Shopping Mall Behind HDFC Bank, Arjun Marg, DLF, Phase 1, Gurgaon (Haryana) through its Incharge.

 

Respondents-Opposite Parties

 

CORAM:   Hon’ble Mr. Justice Nawab Singh, President.

                   Shri B.M. Bedi, Judicial Member.

                   Shri Diwan Singh Chauhan, Member      

 

Present:     Shri N.K. Malhotra, Advocate for the appellant.

                   None for the respondents

                            

O R D E R

 

 

 NAWAB SINGH J, (ORAL)

 

This complainant’s appeal is directed against the order dated December 16^th, 2015 passed by District Consumer Disputes Redressal Forum, Gurgaon (for short ‘District Forum’) whereby the complaint was dismissed in default.

2.      Notice of the appeal was issued to the respondents.  Respondents were duly served upon but despite service, none has appeared on their behalf.  

3.      Learned counsel for the appellant has urged that on December 16^th, 2015 he could not appear due to illness and the complaint was dismissed in default. 

4.      He further urged that the impugned order be set aside and complaint be restored at its original number.

5.      Be that as it may and without delving deeper, no such eventuality seems to be there which will exhibit extreme negligence or a will not to pursue the complaint. Therefore, this Commission deems it appropriate to restore the complaint. 

6.       Accordingly, the appeal is accepted and the impugned order is set-aside. The complaint is restored to the board of the District Forum for adjudication on merits.

7.      The District Forum is directed to issue notice to the opposite parties and shall proceed in accordance with law.

8.      Copy of this order be sent to the District Forum.

  

Announced 02.05.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK